Morning Briefing
Summaries of health policy coverage from major news organizations
Jumble Of State Abortion Laws About To Get Even More Complicated
The 19th: Democrat-Led States Pass Laws To Codify Abortion Protections
Even as Republican-led states have passed an onslaught of abortion restrictions in recent years, some Democrat-controlled legislatures have gone in the opposite direction, working to codify protections and, in a few cases, even increase access. A leaked draft decision that shows the Supreme Court voted to overturn Roe v. Wade prompted several Democratic governors and state lawmakers to highlight those efforts. But while they may have shored up access in their states, many of those recent actions do not address a projected surge of people who will travel from other states to access an abortion. And with many part-time legislatures done for the year, time may have run out for further action. (Luthra and Rodriguez, 5/3)
The Guardian: How Soon Could US States Outlaw Abortions If Roe V Wade Is Overturned?
If the draft decision remains substantially unchanged, it would return the issue of abortion to the states, 26 states stand poised to ban or greatly restrict it. Until the court issues a final decision, the right to abortion is protected under federal law. That right was established in the landmark 1973 case Roe v Wade. Roe found pregnant people have a constitutional right to terminate a pregnancy up to the point a fetus can survive outside the womb, roughly considered 24 weeks gestation, and a legal principle called “viability”. (Glenza, 5/3)
KHN: What’s Next If ‘Roe V. Wade’ Falls? More Than Half Of States Expected To Ban Or Restrict Abortion
If the Supreme Court’s conservative majority affirms the leaked decision overturning abortion rights in the U.S., the effects would be sweeping for 40 million women in more than two dozen states where Republican-led legislatures have been eagerly awaiting the repudiation of the right to terminate a pregnancy. Long before the Supreme Court heard challenges to Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, seminal decisions that affirmed a federally protected right to abortion, conservative lawmakers in 14 states had crafted so-called trigger laws that would automatically go into effect in the event a nationwide right to abortion were struck down, according to a KFF analysis. The Guttmacher Institute, a research organization that supports abortion rights, has identified an additional dozen states likely to restrict or ban abortion without Roe. (Varney, 5/3)
The Washington Post: Majority Of Americans Say Supreme Court Should Uphold Roe, Post-ABC Poll Finds
A majority of Americans say the Supreme Court should uphold Roe v. Wade, the landmark ruling that established a constitutional right to abortion, a Washington Post-ABC News poll conducted last week finds. With the Supreme Court poised to overturn the right to abortion, the survey finds that 54 percent of Americans think the 1973 Roe decision should be upheld while 28 percent believe it should be overturned — a roughly 2-to-1 margin. (Guskin and Clement, 5/3)
Mississippi's law is at the center of the case —
Dallas Morning News: Here Are The Key Differences Between Mississippi’s Abortion Law And Texas’ Senate Bill 8
What are the key differences between the laws passed by Mississippi and Texas? Gestational age ... Mississippi’s “Gestational Age Act” bans abortion after 15 weeks except in cases of medical emergency and in cases of severe fetal abnormality. Texas’ Senate Bill 8, bans abortion after six weeks except in cases where there is medical emergency. Neither ban has provisions for incest or rape. Enforcement and penalties ... Mississippi’s law allows medical licensing officials to take away licenses of those who violate. The law says those who violate commit “an act of unprofessional conduct and his or her license to practice medicine in the State of Mississippi shall be suspended or revoked pursuant to action by the Mississippi State Board of Medical Licensure.” (Hollers, 5/3)
NBC News: Abortion Clinic At Center Of Mississippi Case May Move To N.M. If Roe Is Overturned
Shannon Brewer, the director of Mississippi’s only abortion clinic, said she is prepared to move to New Mexico if the Supreme Court overturns Roe v. Wade. Brewer, the director of the Jackson Women’s Health Organization, the clinic at the center of the case currently before the Supreme Court, emphasized in an interview on Tuesday — her first remarks since a leaked draft opinion was revealed — that the facility will continue operating as usual in the wake of the draft suggesting its days could be numbered. (Harris, 5/3)
From the states —
And in separate abortion legal moves —
The New York Times: Oklahoma Bans Abortions After About Six Weeks Of Pregnancy
Gov. Kevin Stitt of Oklahoma on Tuesday signed a bill prohibiting abortions after about six weeks of pregnancy, the latest attempt by Republican lawmakers in the state to find legal avenues to ban abortions that will withstand judicial challenges. The law, the Oklahoma Heartbeat Act, was modeled on the one that came into force in Texas last year, with both banning abortions after fetal cardiac activity is detected, and requiring enforcement from civilians rather than government officials. (Fuller, 5/3)
ABC News: Oklahoma Governor Signs 6-Week Abortion Ban Into Law
Oklahoma Gov. Kevin Stitt signed an abortion bill Tuesday that is modeled after a controversial Texas law. The bill, formally known as S.B. 1503, creates the "Oklahoma Heartbeat Act," which bans abortions after cardiac activity or a fetal heartbeat can be detected, which typically occurs around six weeks -- before a woman often knows she is pregnant. There are exceptions when the mother's life is danger but not for rape or incest. (Kekatos, 5/3)
